People v. Gallegos CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In considering the merits of the trial court’s ruling on defendant’s motion to suppress, we limit our review to the evidence before the court when it considered the motion, and a concurrent motion brought by codefendant Alaniz Ortiz. (People v. McKim (1989) 214 Cal.App.3d 766, 768, fn. 1.) We will integrate a few additional facts as relevant in our discussion of defendant’s argument that his counsel was ineffective.

Testimony of Officer Anderson

The only witness at the hearing on the motions to suppress was Officer Maxwell Anderson. At the time of the hearing, Officer Anderson had been a police officer with the Sacramento Police Department for approximately five years. He worked in the north gang enforcement team. The following is a summary of his testimony. On July 5, 2019, at approximately 4:00 p.m., Officer Anderson was on duty, driving a black SUV with lights but no police stickers, and he was wearing a full uniform. He was with his partner, Officer Christopher Jensen. The officers were near the intersection of Dixieanne Avenue and Oakmont Street, which is part of their normal patrol area. Officer Anderson described the area as,…